Judicial Introspection on Election Commission of India (ECI)

• Kaleeswaram Raj, a Supreme Court lawyer, argues that the only way to restore democracy in India is to restore the position laid down in the Baranwal verdict and nullify the 2023 enactment.

• The Opposition parties have shown reluctance to take up the electoral roll issue before the Supreme Court, which is reasonable and justifiable.

• The Modi regime promulgated the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act in 2023 to nullify the Constitution Bench judgment in Anoop Baranwal v. Union of India (2023).

• The Act excluded the Chief Justice of India (CJI) and included a Cabinet Minister to be nominated by the Prime Minister in his place, as part of the Selection Committee for choosing the Election Commission of India (ECI).

• The Supreme Court’s failure to act at a time when it was supposed to has led to the absence of a more independent ECI.

• The present type of ECI was allowed to function, with only “persons under the thumb of the executive” dominating the Selection Committee.

• Courts worldwide face new challenges, both jurisprudential and political, due to electoral frauds.

• The judgment in Baranwal exemplifies such judicial vigilance.

• Article 324 failed to prescribe a body free from the ruling executive for installing the ECI.

• The Indian Constitution failed the Court and the people when it enacted the 2023 Act, nullifying its own hard labour and intelligence in redefining the ECI as an independent fourth branch establishment.

• The only way to rescue democracy in India is to restore the position laid down in the Baranwal verdict and nullify the 2023 enactment.

Judicial Review of ECI is important topic for Civil service exam (WBCS).

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